Law Commons^™

Book Review, Stephen Werber

Law Faculty Articles and Essays

This a review of Jewish Law (Mishpat Ivri): Cases and Materials by Menachem Elon, Bernard Auerbach, Daniel D. Chazin and Melvin J. Sykes. The reviewer concludes that this book is not only the first of its kind, it is also an outstanding contribution to law teaching that will be of substantial assistance to the growing number of professors teaching Jewish law in American law schools. The extensive presentation of Talmudic and other Jewish law sources, combined with the inclusion of Israeli court decisions, make this book an excellent research tool for both student and professor. Its use of authority and …

Stem Cells, Cloning, And Abortion: Making Careful Distinctions, Dena S. Davis

Law Faculty Articles and Essays

The current controversy over federal funding for research involving stem cells derived from very early embryos is situated between two other equally difficult issues: abortion and cloning. As Laurie Zoloth (2002) says, talk about stem cells is "directly proximate" to the abortion debate. Nonetheless, a settled position in favor of abortion rights does not necessarily lead to support for research that involves the death of embryos. Nor should opposition to reproductive cloning necessarily entail opposition to therapeutic cloning. There are important ways in which our attitudes toward research with embryonic stem cells ought to be entwined with our thinking about …

Simplifying And Rationalizing The Federal Income Tax Law Applicable To Transfers In Divorce, Deborah A. Geier

Law Faculty Articles and Essays

This 2002 article explores the tax consequences of transfers in divorce and suggests how the tax consequences can be both simplified and rationalized. This article was written as an "Academic Adviser" to the Joint Committee on Taxation in connection with a study mandated by Congress on the overall state of the Federal tax system (June 2000 through April 2001) and was first published at JOINT COMMITTEE ON TAXATION, STUDY OF THE OVERALL STATE OF THE FEDERAL TAX SYSTEM AND RECOMMENDATIONS FOR SIMPLIFICATION JCS-3-01, VOLUME III (ACADEMIC PAPERS), April, 2001, at 19.

Integrating The Tax Burdens Of The Federal Income And Payroll Taxes On Labor Income, Deborah A. Geier

Law Faculty Articles and Essays

This 2002 article explores the increasing burden of federal income and payroll taxes on labor income and how those tax burdens might be integrated.

A Novel Approach To Mass Tort Class Actions: The Billion Dollar Settlement In The Sulzer Artificial Hip And Knee Litigation: A Symposium, Susan J. Becker

Law Faculty Articles and Essays

As you know our primary focus today is on the Sulzer knee and hip replacement class action. My remarks are intended to place this fascinating and innovative case in the larger context of the many issues that we all face as participants in our modern civil justice system. I am going to do this by briefly refreshing your recollection as to the procedural requirements for modern class actions, describing the ongoing controversy surrounding use of these procedures, and touching on reform efforts currently underway. I will then provide a short introduction to the Sulzer litigation and introduce each panelist.

The Legal Structure Of American Freedom And The Provenance Of The Antitrust Immunities, Christopher Sagers

Law Faculty Articles and Essays

It is a reflection of the subtle relationship between legal doctrine and the larger social context it regulates that, on occasion, some humble point of mere theory proves to be the lynchpin of a serious social problem. Often the most pernicious aspect of such a situation will be the very obscuriyy that causes courts to overlook it.

That is emphatically the case with the issue addressed in this paper. Confusion persists over the seemingly academic question whether the so-called "Noerr-Pennington" or "petitioning" immunity, a doctrine in antitrust law which protects persons from being sued when they seek action from their …

Book Review, Dena S. Davis

Law Faculty Articles and Essays

This is a review of Women and Jewish Law: The Essential Texts, Their History, and Their Relevance for Today by Rachel Biale (1995). It is a minor miracle. It is readable and free of unnecessary jargon, and accessible to the educated reader who has only some introduction to the nature of Jewish law (Halakhah). At the same time, it is serious and scholarly and would work very well as a text for a graduate seminar on Jewish law, women and law, or religion and law. The author celebrates the increasing power and visibility of women in all denominations of Judaism, …

Book Review, Stephen J. Werber

Law Faculty Articles and Essays

This is a review of The Essence of Talmudic Law and Thought by Samuel N. Hoenig. The reviewer concludes that though this text is sometimes overly concise, it provides an excellent introduction to the essence of Talmudic thought. That Dr. Hoenig may overstate the importance of the Talmud as a factor in the ability of the Jewish people and Judaism to survive (ch. 11) does not detract from his book's contribution as a text that presents a comprehensive, understandable and readable introduction to one of the most complex and long-living sources of law ever created. When the person seeking to …

Rape By Drugs: A Statutory Overview And Proposals For Reform, Patricia J. Falk

Law Faculty Articles and Essays

The methods by which human beings accomplish nonconsensual sexual activity with fellow humans are almost limitless. They use physical force; they beat, choke, and knock their victims unconscious. They kidnap and restrain them. They use weapons and threats of immediate force to subdue their quarry. They come in groups with the superior strength of their number. They exploit the element of surprise. They coerce, extort, and blackmail others into sexual submission. They lie, pretend, impersonate, and defraud, trapping the unwary in webs of deceit. They victimize mentally ill, mentally disabled, physically weak, and physically incapacitated persons. They abuse their positions …

Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke

Law Faculty Articles and Essays

The main charge to me is to show you alternatives other than, for instance, federal legislation that could be deployed to rectify genetic discrimination.You may have noticed that in our conference materials, and in a number of the presentations, there has been either an explicit or an implicit call along the lines of “there ought to be a law that ...” Professor Hoffman and I agree: there ought to be some laws, but I want to talk to you a little bit about two possible, two real goals here.One is to ask you to critically evaluate whether a federal statute …

Constitutional Classifications And The "Gay Gene", Susan J. Becker

Law Faculty Articles and Essays

In this essay the author discusses the use of genetic information to classify individuals for purposes of the law, and more specifically, the impact of the so-called “gay gene” on legal classifications.

The Free Exercise Rights Of Pregnant Women Who Refuse Medical Treatment, April L. Cherry

Law Faculty Articles and Essays

In Part II, I outline the values protected by the free exercise clause. I also analyze modern free exercise jurisprudence, ending with the status of religious exemptions from laws of general applicability since the Supreme Court's decision in Employment Division v. Smith, which severely limits the situations in which strict scrutiny will be applied to analyze government actions that compels a religious believer to act contrary to her beliefs. In Part III, I first discuss the law regarding the right to refuse medical treatment. I then explore the states' rationales for using the force of law on pregnant women who …

Lincoln, Marshall And The Judicial Role, David F. Forte

Law Faculty Articles and Essays

Abraham Lincoln understood judicial activism. For Lincoln, the paradigm of the unrestrained Supreme Court was the decision in Dred Scott v. Sandford. Lincoln saw the "illegitimacy" of Dred Scott not in that the Supreme Court had overturned an act of Congress. It was, rather, that the Supreme Court, in the guise of making a legal decision, instead made a political decision. Even worse, it was a political decision that sought to redefine the polity in fundamental, constitutional terms. Lincoln's position echoed the most eloquent articulation of judicial review ever made by the Court: in Marbury vs. Madison, Chief Justice Marshall …